Posted by Hiuare. J. KEKE DEFENCE BRIEF. Most will accuse me for writing this defence theory for Keke. His counsel might come up with more defence theories based on evidence available to him. I have to say that Keke has a right to pass through a fair hearing by the court. DEFENCE THEORY. His counsel might argue that the killing done by Keke in this case was manifested, intoxicated and caused by the Moro devils of weathercoast, and not of Keke normal mental capacity and will to kill those alleged death people. As such the court should consider it and impose fair sentence on him. EVIDENCE DIFFICULTIES. The above defence theory is based on custom evidence of Moro people of weathercoast. These people worshipped and prayed to their devils for security and protection. The secret is that these devils intoxicated the minds of these people to kill any person that enters their land. Dont you know that our death people are living people in another form and live with us everyday? There are direct or solid evidence to justify Kekes submission. Example Keke even killed his uncles and relatives, where a normal person with normal mind cannot do it. Keke slept and lived in the sacred areas. Keke drank blood to the devil to kill. These unusual behaviour or practices evident to show that its the devils that intoxicated or possessed Keke's mind to form the intention to kill the alleged death people. In other words; those killings were not done by Keke as a normal person with normal mental capacity, it is in fact the devils that induced or solicited Keke to do it. In this scenario; the defence is not to excuse Keke for what he had committed but to justify to the court that he had done all these killings as a result of their customary believe that these devils will help them during the tension. Look at the MEF. They did the same thing. They prayed to the devils before they fight. They killed a lot of people as well. They believed that their devils will provide security and protection during the fight. ADMISSION OF CUSTOM EVIDENCE AND CONSTITUTION. The admission of custom evidence in court of law is another matter. The existing evidence rules and laws do not recognize custom's evidence to be admitted in court of law. It is a matter for Keke defence counsel to submit this proposition to the court in order for the court to accept this custom evidence. Look at the PNG courts, they accept custom evidence relating to sorcery case which is purely a custom evidence where the suspect used witchcraft to kill another person. Why Solomon Islands courts not easy to accept custom evidence to be examined in court of law? Kekes custom evidence is purely of same nature. The general presumption is that if there are local judges to hear this case; those judges might have the duty to consider the admission of this custom evidence because they know the reality of what kekes counsel is trying to establish here. I know foreign judges won't accept it. However; judges should note that a fair trial could only be administered if they allow Keke to explain the reasons for his alleged killings according to their custom. If the judges do not accept the admission of this custom evidence; then there is a danger that Keke might not be given the fair hearing as vested in the Constitution and also as in the interest of justice. With Kekes case; his case is slightly different. THE REASON IS THAT THE ACTION DONE BY KEKE IN THIS CASE; IS NOT INDUCED BY HIS OWN INTENTION BUT WHOLLY CAUSED, CONTROLLED, INDUCED AND INTOXICATED BY THE WEATHERCOAST DEVILS. THIS IS THE ONEROUS BURDEN FOR KEKE COUNSEL(S)TO GO ABOUT IT WITH THE JUDGES IN COURT. Am afraid if Keke will not pass through a fair trial for his actions. Am I extending the Kekes defence grounds here by pushing the courts to allow custom evidence to be used in court of law to justify the reasons for keke's alleged killing? Hiuare. J.
on 17/10/2003, 1:06 pm
202.80.47.149
Since there is no item coming in to discuss; I think this one could be good for you to think about and counter it.
Most will not agree with this. However, that is the truth about Keke alleged killings.
The other limitation which Keke defence lawyer has to weigh is for Keke to answer the fact that why he prayed to the devil knowing very well that he do this to kill people. His custom belief to kill people is contrary to the Constitution where it states that everyone has right to life. Keke Defence will fall in line with Loumea -v- State case where Loumea argued that in kwaio custom; he has a customary duty to do pay back killing. The Court held that the extent that pay back killing imposed a duty on kwaio people to form intention to kill another person is contrary to right to life vested in the Constitution. Louma submission based on Kwaio custom failed on that ground.
In fact the whole reasons for taking custom evidence in court of law is to justify to the judges the reasons for Keke's alleged killing so that fair sentence is imposed on him. That is what a fair trial is all about.
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